Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
Get started with Indian Law Cases
Your password will be generated automatically and will be sent to your email-id provided in this form.
Full Name  
Email ID
(this email-id will be treated as your User ID also)
Address
City
Mobile No
* Mobile No is required for verification of identity
 Bare Acts  | Legal Resources  | Lawyer Locater  | Articles  | Legal Dictionary  | Download Desktop Software  | Subscription   Home   |   E-Journal  |  Sign-In  | Contact Us  | Disclaimers

Matrimonial Law
 Search Tips
Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
Judgement Subject Index/Important Decision/Topic

ILC-2005-SC-MAT-Oct-2

M.M. Malhotra Vs. Union of India

Head Note

Constitution of India, 1950  - Article 226

If the Court is satisfied that the punishment is not shockingly disproportionate, it can maintain the order.

Constitution of India, 1950  - Article 311 , Article 309

Central Civil Services (Conduct) Rules, 1964, Rule 3 - Misconduct - Activities which may amount to acts which are inconsistent with the interest of public service and not befitting the status, position and dignity of a public servant are so varied that it would be impossible for the employer to exhaustively enumerate such acts and treat the categories of misconduct as closed - Therefore, any wrongful act of delinquency even not enumerated as misconduct in the rules can be made the basis for punishment.

The Hindu Marriage Act, 1955  - Section 11 , Section 12

Air Force Act, 1950 - Section 19 - Air Force Rules, 1969 - Rule 16(4) - Plural marriage - Second marriage - Void marriage - If the earlier marriage was void ab initio in terms of Sections 11 and 16 of the Hindu Marriage Act, no decree of divorce or declaration is required before entering into subsequent marriage - Subsequent marriage to such void marriage will not constitute plural marriage - However, living with a lady in the garb of an invalid marriage and then with the second lady by entering into a valid marriage and torturing the earlier one, will certainly constitute a misconduct unbecoming of a government servant - Retaining of such person in public employment will adversely affect the discipline and administration of public service.

Topic(s)-Plural marriage , Second marriage , Void marriage

Important Decision(s)- 

  • If the earlier marriage was void ab initio in terms of Sections 11 and 16 of the Hindu Marriage Act, no decree of divorce or declaration is required.
  • Living with a lady in the garb of an invalid marriage and then with the second lady by entering into a valid marriage and torturing the earlier one, misconduct unbecoming of a government servant - Retaining of such person in public employment will adversely affect the discipline and administration of public service.







                                                                          Full Judgement Body is not available


     
@2016 Indian Law
Name  
Email ID
Please Wait..